Cards, coupons, comps, and what the house buys.
Selling the card or the certificate does not start Texas sales tax. The meal starts the tax when the guest redeems the card. Booking that sale as food on day one inflates the month and moves the tax to the wrong day. The close keeps a liability until redemption.
When the house eats the discount and nobody pays the house back, Texas sales tax follows the cash the guest actually handed over. Fifteen dollars of enchiladas with a five dollar house coupon is taxed on the ten dollars that remain. A two for one plate is taxed only on the plate that was paid for, and the unpaid plate is not a sale. A Lone Star card meal stays nontaxable when that meal is one the food benefit program allows. Those rules live in Comptroller publication 94-117.
A guest who adds a tip by choice does not create a Texas sales tax line. A required gratuity stays off that tax only when the check prints the words tip or gratuity, the rate is 20 percent or less, and the money goes only to people who customarily serve the table. Cross that 20 percent and the required gratuity becomes taxable. Mixed beverage tax treats a required gratuity above 20 percent as taxable from the first dollar, whoever pockets it. At 20 percent or below, the slice that reaches a chef, a cashier, a dishwasher, or the owner is the taxable slice. The people the rule treats as qualified are the server, the busser, the bartender, the wine steward, and the maitre d.
A meal or a drink the house gives away never becomes a sale for Texas sales tax. Give away a soft drink and the tax follows the syrup or the bottle the house used up. Raw meat and raw vegetables inside a free plate stay nontaxable. Free drinks are listed on the gross receipts report only so the Comptroller can see them, and the taxable ingredients show up on the sales tax return as a purchase the house consumed.
Paper napkins, plastic forks, straws, and fry bags that leave with the guest can be bought without sales tax once the house issues a resale certificate. Ovens, fryers, grills, and slicers that cook food for sale can be bought without sales tax once the house issues an exemption certificate. A hand tool does not qualify. Tables, chairs, plates, glasses, silver, reusable menus, cloth napkins, the dishwasher, and any box that only holds finished food are taxed when the house buys them. Gas and electricity that keep the room running are taxed. So are pest control, security, janitorial work, waste hauling, landscaping, and repairs to the building. When an out of state seller skipped Texas tax on a taxable purchase, the house still owes use tax on that purchase. Equipment bought without sales tax remains an asset when the income tax return is prepared. For a tax year beginning in 2025, the federal section 179 limits do not change that Texas sales tax exemption on processing equipment, and they do not close a Saturday by themselves.